National Republican., 1887-05-17

court was given yesterday to the trial OF
Mary j. Mcbride and John W. Mcfarland,
charged with houseburning, on account OF
the sickness OF Juror Eslin. At o'clock,
having improved In his condition, the juror
came into court and the trial was resumed.
District Attorney Worthington stated
that, after consideration, he had concluded
he would withdraw his acquiescence in the
ruling OF the court as TO Mcfarland, and
felt It his duty to have the court further
consider the matter.
Mr.. Taylor thought the ruling final, but
as 1t was not he should call his witnesses,
and Lieut.. II. A. Arnold took the stand.
He testified that when Mcfarland was
arrested he was under the influence OF
liquor. He was told by the witness that
the statements he should make would not
be used against him and led to understand
that he would be used as q witness.
On cross examination the witness stated
that Mcfarland said nothing about setting
the house on fire or doing anything in con-
nection with making preparation for its
burning.
Mr.. Taylor moved 10 strike out the testl-
mony Of Detective Raj, as II had been
shown that the statement OF Mcfarland was
made to him under promise OF Immunity.
District Attorney Worthington objected
on the ground that the government had not
taken advantage OF any statements made by
McFarland; that the principal facts were
brought out by McTarland's counsel on
cross examination OF Raff, ana because no
confession had been made.
His honor denied the motion, but said he
was in doubt In regard to the matter, aud
when he came to instruct the jury he might
| allow it.
Mr.. Taylor announced their evidence as
| closed.
In rebuttal Rosetta Contee was called,
| and said that she was In the house OF Miss
| Mcbride about s o'clock the morning OF
| the fire and saw Miss Mcbride In the small,
middle room. She also saw Mcfarland
| there at that time.
At this point objection was made to this
| evidence on the ground Of 1t being evidence
In chief and not rebuttal.
The district attorney stated that he had
been unable to locate the witness until last
| Friday, the testimony was important, and
he asked permission Of the court to put In
| the evidence.
| His honor was unable to see where It
might lead to, and, as 1t was likely to pro-
long the case, he should decline to admit it.
The witness was then examined on other
points and said she washed for Miss Nc.
Bride for three or four months before the
| fire. On one occasion she washed q wrapper
and apron for Miss Mcbride, who told her
to boil them well, as she had been using
| rosin.
The point being made that Miss Mcbride
had not been specifically questioned on
these subjects the prosecution asked that
she be recalled and the questions pro-
pounded to her, which was granted.
Miss Mcbride denied telling the wash
woman, three or four days before fire, that
she had got rosin or her apron down In the
kitchen, that 1t might have been linseed oil
or turpentine she would not deny, but
nothing else.
The witness Contee, on being recalled,
stated that she found turpentine and rosin
on the apron and 1t smelt very strong when
she was ironing 1t. .
Lieut.. Richard A. Arnold testified that
when he went into the back room with Miss
Mcbride, after the fire, there was no lounge
In the room with mattress on 1t sprinkled
over with rosin.
Fire Marshal Drew in going into Miss
any mattress or rosin there, as he was
searching for just those things.
| Fireman Jos N. Lehman was positive that
there was no lounge or mattress In the back
room when he entered while the fire was
burning.
The Testimony of these witnesses was fol-
the purpose of contradicting Miss Mcbride
who said that when she returned to the
house after the fire the mattress was still
on the lounge aud had rosin sprinkled
over 1t.
NJ. A. Moore, on being recalled, denied
that Miss Mcbride told him on the morning
Of the fire that she was going to rent the
street house, but said she was going thai
evening to Mr.. Manning's office, get thu
money, pay the rent, and keep the Eleventh
street house one month longer.
With the examination OF two or thret
witnesses on minor points, the governmen,
announced its testimony as concluded
with the permission that the defendant
Mcbride, might put in this morning som,
blank forms, showing the extent Of the writ
Ing done by her IN the pension office, the evi
dence In the case was announced as con
cluded.
The argument will be entered upon whel
the court meets to-day.